JUDGMENT

Jyoti Singh, J. - Present petition has been filed challenging the order dated 21.02.2020 whereby Petitioner has been dismissed from the post of ViceChancellor, Manipur University. A direction is also sought in the nature of mandamus to the Respondents to restore the appointment of the Petitioner to the said post to enable him to complete his remaining tenure, with consequential benefits, as well as for quashing the advertisement dated 16.03.2020, published for fresh appointment of Vice-Chancellor of the said University.

2. The narrative of facts in brief and necessary for adjudication of the present petition is that the Petitioner with Masters and Ph.D. Degrees in Economics and Masters in Business Administration, while working as Professor and Head, Department of Economics, Banaras Hindu University, was appointed as Vice-Chancellor of the Manipur University (hereinafter referred to as University ), on 25.10.2016, by the President of India, in his capacity as the Visitor of the University, for a period of 5 years. As per the Petitioner, he had several accomplishments and laurels to his credit and by his efforts and hard work had taken the University to the next level, both in terms of development and reputation, the details of which have been enumerated in the petition.

3. Petitioner avers that the Campus of the University was constantly under threat and interference by anti-social elements, including militants and some of the erstwhile Vice-Chancellors were compelled to resign from their jobs, as they did not fulfill the illegal demands of the militants. In fact an erstwhile Vice-Chancellor was abducted and kept captive for a few days. Agitations, strikes, lockdowns etc. initiated and instigated by certain persons associated with Manipur University Students Union (hereinafter referred to as the MUSU ), Manipur University Teachers Association (hereinafter referred to as the MUTA ) and Manipur University Staff Association (hereinafter referred to as the MUSA ) were a norm and routine in the Campus. Petitioner made strident efforts to streamline the functioning of the University, more particularly the Tender processes, which was disliked by the Unions and the anti-social elements, who had vested interest in the functioning of the University.

4. It is averred that the trigger to the dismissal order of the Petitioner was a police complaint, made by the Petitioner on 14.02.2018, as a consequence of extortion letter received by the Petitioner from a militant group demanding a sum of Rs. 5 Crores, leading to registration of FIR on 01.03.2018. This naturally infuriated the militant groups as also the Students and the Teachers Unions leading to agitations in the Campus. Administrative buildings were locked and a large part of the sports office was burnt to ground. This also led to false complaints being filed against the Petitioner alleging administrative and financial irregularities and to assuage the agitators, Respondent No.2 constituted a Two-Member Fact Finding Committee to enquire into the allegations. Constitution of the Committee was objected to by the agitators on the ground of lack of members from the North-East region, resulting in re-constitution of the Committee, by addition of former Acting Chief Justice of the Meghalaya High Court, as Chairperson, albeit, without the approval of the Visitor. Despite this, the agitators were not satisfied and a Memorandum of Agreement (hereinafter referred to as MOA ) was signed on 16.08.2018 between the agitating groups and the Government of India in the presence of the Chief Minister Manipur, senior officials from the Government including the Chief Secretary, Government of Manipur and Commissioner (Higher and Technical Education), Government of Manipur and certain terms were drawn up with the mutual consent of all the stakeholders.

5. Keeping with the terms of the MOA, Respondent No. 2 issued another Notification dated 17.08.2018 constituting an Inquiry Committee with two members onl